The effect of provisional disposition prohibiting the disposal by the deceased person as the debtor shall not extend to his inheritor.

The effect of provisional disposition prohibiting the disposal of a deceased person as an obligor shall not extend to his heir.

Article 714 of the Civil Procedure Act

Escarium et al.

50

Seoul High Court Decision 69Na594 delivered on September 17, 1969, Seoul High Court Decision 69Na594 delivered on September 17, 1969

The appeal is dismissed.

The costs of appeal shall be borne by the applicant.

The grounds of appeal by the applicant, etc. are examined.

Although the applicant and non-applicant 1 purchased the real estate in this case from non-applicant 2 and they obtained the provisional injunction against non-applicant 2 who had already died during their existence, the court below's rejection of the application for provisional injunction on this case as the same opinion is just and opposing opinion, and it is not possible to accept the appeal that the above provisional injunction will naturally become effective against the respondent who is the heir of the full-scale group.

Therefore, it is so decided as per Disposition by the assent of all participating Justices.

[Judgment of the Supreme Court (Presiding Judge) Nabri-dong and Dobri-Jaking Hanwon